I think, currently, having websites like NintendoLife reviewing the eshop games evens the playing field. In the 80's/90's Nintendo's lockout chip was necessary because if they started having a slew of bad/unplayable games it would ruin the reputation of the console. Now people are more Saavy and can turn to internet based media to see if the game's worth checking out.

If anything I think Nintendo should also make demo versions mandatory for all indie developers. Let people actually play the game before they purchase. OR, go the Android route and allow consumers to request a refund within an hour of purchase!